HomeMy WebLinkAboutProposed Minor Deviation Map - 8-15-2023AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED October 15, 1969 respectively and subsequently amended
CASE: Z21-01
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter
described tract from a R-15, Residential 15 District, and placing it in a PD, Planned Development
District, said land consisting of approximately 64.28 acres and being described legally as follows:
Being all of that certain tract, parcel, or lot of land in New Hanover County, North
Carolina depicted as Tract 2 on that certain plat titled "Exempt Plat of Whiskey -
Navaho for Dry Pond Partners" prepared by Port City Land Surveying, PLLC and
recorded in Map Book 63, at Page 155 in the office of the Register of Deeds of
New Hanover County on June 13, 2017.
Section 2_ The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to change the New Hanover County Zoning Map on file in the office of the County
Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the
conditions also approved as part of this action, shall be in full force and effect from and after its
adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D that
the zoning map amendment of approximately 64.28 acres of land from a R-15, Residential 15
District, and placing it in a PD, Planned Development District, is:
Consistent with the purposes and intent of the Comprehensive Plan because the project
provides for the types and mixture of uses recommended in the Community Mixed Use
and General Residential Place Types, the residential densities are in -line with those
recommended for the property, and the project will provide commercial services in close
proximity to nearby residents. The County Commissioners also find approval of the
rezoning request is reasonable and in the public interest because the proposal would
benefit the community by providing diverse housing options and commercial services to
nearby residents and promoting principals of walkable urbanism.
Z20-21 Order Page 1
Section 6. The County Commissioners find that all of the specific requirements set forth in
Sections 3.3.7, and 10.3.4 of the County Unified Development Ordinance WILL be satisfied if the
property is developed in accordance with the plans submitted to the County Commissioners and
attached as part of this approval. IT IS ORDERED that the application for the issuance of a Planned
Development Zoning District BE GRANTED subject to the following conditions:
A. If any of the conditions imposed within this Planned Development district shall be held
invalid beyond the authority of this Board of Commissioners by a court of competent
jurisdiction, then this district designation shall be reversed and the tract shall be rezoned
in accordance with the process for map amendment outlined in Section 10.3.2 of the
ordinance.
Section 7. In accordance with Section 10.3.4.C.8.c of the ordinance, revocation of the Planned
Development District approval may be considered if no building permit has been issued for the
subject tract within two years of the date of this approval.
Section 8. The applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; and all other state, federal and local rules.
Adopted the 111 day of March, 2021.
Juli Ron-Boseman, Chair
Attest:
Kyn0croweii, Clerk to the Board
Z20-21 Order Page 2
Proposed Master Development Plan Terms & Conditions
Dry Pond Partners, LLC — 5601 South College Road
1. Conditions related to approval of the application for the master planned
development zoning district classification:
a) The use, density of use, and maximum building heights for the areas
depicted as "Mixed Use Building"; "Multi -Family Apartment Homes";
"Townhomes"; "Commercial Outparcel"; "Townhomes/Duplex/Triplex"; and
"Single Family Lots" shall comply with the approved Master Development
Plan ("MDP") as the MDP may be amended or modified in accordance
with County requirements from time to time;
b) The use and development of the subject property shall comply with all
applicable regulations and requirements imposed by the New Hanover
County Unified Development Ordinance ("UDO"), and any other
applicable federal, state, or local law;
c) Approval of this rezoning does not constitute technical approval of the site
plan. Issuance of all required permits must occur prior to construction
commencing.
2. References to the MDP, including any density/intensity standards,
dimensional standards, and development standards:
a) Maximum density permitted in Planned Development ("PD") District —
seventeen (17) dwelling units per acre ("DUAC"). Total site area is 64.28
acres, maximum number of dwelling units would be 1092.
b) Proposed maximum density of residential units on this MDP is 460 total
units, or 7.16 DUAC.
c) The project shall be developed in accordance with County, state, and
federal building and environmental regulations, including compliance
with the current open space requirements.
d) Sidewalks will be provided along both sides of the roads within the
development at a width of five feet (5'), except for portions of roads
adjacent to the "Utility Easement" depicted on the MDP Master Plan,
where sidewalks will be limited to one side of the road.
CERTIFICATE OF APPR L
HANOVER BOAR OF V
NERS
3i
C IR ERSON
3. Conditions related to the approval of the MDP Master Plan, including any
conditions related to the form and design of development shown in MDP
Master Plan:
a) Vehicular access from the master planned development site through to
Whiskey Branch Drive is gated for use only by emergency vehicles and
owners in the existing Whiskey Branch planned community;
b) An access point for pedestrian and bicycle use will be provided through to
the site from the existing Bullitt Lane.
c) Existing vegetation will be left undisturbed in the depicted twenty foot
(20) buffer, subject to the applicant's right to install required utilities and
infrastructure and make any changes required by this zoning. To the
extent necessary to satisfy County standards, additional vegetation, as
well as fencing, will be added to the buffer area sufficient to establish
required opacity in areas adjacent to residential uses.
4. Street yard area along College Road shall be provided as follows:
a) Provide eighteen (18) square feet of street yard area for every linear
foot of street frontage along College Road (minimum width of 9', max
width of 27').
i. Driveways shall not be included in the calculation of street
frontage;
ii. The area of any walkways, sidewalks or other bicycle and
pedestrian facilities, and transit amenities shall be subtracted
from the base street yard area required above to get the total
required street yard area;
ill. The applicant may choose to increase the required square
footage per linear foot up to twenty-five percent (25%) to receive
an equivalent reduction in the building's front yard setback;
iv. The applicant may install the street yard in any configuration
that provides the required amount of street yard square footage
between the property line and any site improvements as long as
it remains in compliance with the minimum and maximum
widths outlined above.
b) For every six hundred (600) square feet of street yard area, the
following landscaping shall be provided:
i. One canopy/shade tree a minimum of three inches (Y) caliper in
size OR three (3) understory trees a minimum of six (6) feet in
height at time of planting, if overhead power lines are located
above the street yard; and
ii. Six shrubs, 12" in height at time of planting.
c) If there are existing trees of a minimum two inches caliper size in the
proposed street yard, the Planning Director may grant credit toward
meeting tree preservation requirements.
d) Walkways, sidewalks, or other bicycle and pedestrian facilities,
fountains, walls or fences, and transit amenities shall be permitted
within the street yard; however, parking areas shall not be permitted.
5. Provisions addressing how transportation, potable water, wastewater,
stormwater management, and other infrastructure will be provided to
accommodate the proposed development:
a) Transportation will be provided by access to public rights of way. A
NCDOT driveway permit will be acquired prior to any access to College
Road.
b) Potable water will be provided by Cape Fear Public Utility Authority
("CFPUA").
c) Wastewater services will be provided by CFPUA.
d) Stormwater will be managed on site in accordance with NCDEQ
restrictions and regulations, will comply with all County and State
regulations, and any permit issued for the site. The engineers who will
coordinate and implement the stormwater management plan have not yet
been selected.
e) Infrastructure will be designed in accordance with the North Carolina
building code, all other applicable government regulations, laws, and
ordinances, and developed consistent with the approved MDP.
6. Provisions related to environmental protection and monitoring:
a) Any 404 wetlands determined to exist on the site from time to time will be
handled in accordance with all applicable government regulations, laws,
and ordinances including Army Corp. of Engineers requirements. The
property owner will comply with all applicable regulations, laws, and
ordinances from local, state, and federal sources with jurisdiction over the
site.
7. Any other provisions relevant and necessary to the development of the
master planned development in accordance with applicable standards and
regulations:
a) The Residential Use areas of the MDP may be used for any purpose
permitted under the applicable zoning regulations.
b) The Mixed Use and Commercial areas of the MDP shall be used for any
Commercial purpose permitted under the applicable zoning regulations,
except that the following Commercial uses will not be permitted:
i. Animal Shelter;
ii. Adult Entertainment Establishment;
iii. Kennel;
iv. Vehicle Towing Service and Storage Yard;
V. Equestrian Facility;
vi. Campground/Recreational Vehicle (RV) Park;
vii. Farm Implement Sales;
9ii1. While Hprrie and Prefab Building Sales;
ix. Outdoor Boat Dealer; and
X. Outdoor Vehicle Sales.
c) In addition to the Commercial uses permitted by applicable zoning
regulations, subject to these terms and conditions, the following Civic and
Institutional uses shall be permitted in the Mixed -Use and Commercial
areas of the MDP:
i. Adult Day Care;
ii. Child Care Center;
iii. Family Child Care Home;
iv. Community Center;
V. Library;
vi. Lodges, Fraternal, & Social Organizations;
vii. Museum;
viii. Post Office;
ix. Hospital, Medical, and Dental Office and Clinic; and
X. Nursing and Rehabilitation Center
d) In addition to the Commercial and Civic and Institutional uses permitted
by applicable zoning regulations, subject to these terms and conditions,
the following Industrial uses shall be permitted in the Mixed -Use and
Commercial areas of the MDP:
i. Artisan Manufacturing.
S. Identify the proposed compensating community benefits. They may include,
but are not limited to, improved design, natural preservation, improved
connectivity for pedestrians and/or vehicles, mixed -use development, green
building practices, and dedication of land or in -lieu fee contribution.
The community will benefit from the development contemplated
herein for the following reasons identified in the New Hanover
County Unified Development Ordinance:
a. Improved Design. The use of architectural design that exceeds any
minimum standards established in this UDO or any other County
regulation, or the use of site design incorporating principals of
walkable urbanism and traditional neighborhood development,
compatible with the comprehensive plan and other adopted County
plans. The proposed development encourages a walkable urban
environment by incorporating non -vehicular access points to
adjacent properties; five foot (5) sidewalks along all internal
roads within the development other than where sidewalks
would interfere with existing utility easements; and locating
high density multi -family uses in the center of the site to
promote easier pedestrian access to nearby commercial uses
without additional vehicle trips.
b. Natural Preservation. The preservation of sensitive lands such as
natural habitats, natural features, or trees that exceed the
requirements of this UDO, when they are located on the site. Unless
required for necessary infrastructure or required by the
County's land use and building regulations, existing vegetation
that serves as a buffer between the development site and
adjacent residential uses will be left in place, including a
significant number of mature trees that current have an
average canopy height in excess of fifty feet (50'). These trees
are not required by the UDO—compliance could be obtained
with fencing or a less substantial natural area, but the natural
features will remain in substantially their original condition
with limited allowances for required infrastructure and
utilities.
c. Improved Connectivity for Pedestrians and/or Vehicles. Additional
connections to existing roads, bicycle facilities, and pedestrian facilities
that provide additional connectivity to and from the development and
existing residential and commercial development in the County,
beyond the requirements of Section 5.2, Traffic, Access, and
Connectivity. In response to neighbors' requests and in an effort
to improve connectivity for pedestrians, additional
connections to neighboring properties are being provided for
pedestrian and bicycle use. At least one of these connections
will also be accessible by a neighboring subdivision's vehicles
to allow increased connectivity to that development and
encourage a dispersal of existing vehicle trips to reduce
existing traffic.
The proposed development also offers an integrated
commercial/residential node that will serve the residents of the
development as well as the surrounding neighborhoods to
reduce the number and distance of additional vehicular trips
and offer nearby retail and commercial services to adjacent
and nearby residents.
d. Mixed -Use Development. The ap-r—al of a si-nif�cant amount of
mixed -use development on the site, by ensuring that a minimum of 35
percent of the total gross square feet in the development (and 25
percent of the land area) will be developed in an integrated mixed -use
form (residential and nonresidential), with sidewalks on both sides of
the street, and street trees spaced appropriately along the street. The
proposed development will have a mixture of residential and
commercial uses within the property boundary, integrated
through pedestrian and vehicular paths to promote
interconnectivity. Integration is primarily horizontal, but
there are vertical mixed use structures included in the
proposed development plan.
e. Any other community benefit that would provide benefits to the
development site and the citizens of the County. generally. The
proposed development would be an example of successful
in -fill development; repurposing a current vacant County
parcel into a residential and commercial project designed to
provide additional housing for County residents, local
commercial and retail for those and nearby residents, and
provide a benefit to the County's tax base and citizens.
While the specific tenants are not yet identified, it is the
applicant's desire to include a gourmet grocery store, electrical
car charging station(s), a coffee shop, and a
consumer -electronics store among the retail uses that will be
available to the public.
ND: 4816-2816-4051, v. 6
ADJACENT
R-15 ZONING
RIGHT IN —
RIGHT OUT
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R-15 ZONING
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ADJACENT
R-15 ZONING
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MINIMUM 20' LANDSCAPE BUFFER, WHERE NO LAND
DISTURBANCE ACTIVITIES ARE REQUIRED, EXISTING
r ! ' TREES ANb VEGETATION WILL REMAIN. DISTURBED
I AREAS WILL BE SUPPLEMENTED WITH PLANTINGS
' AND/OR FENCING TO ACHIEVE 100% OPACITY.
COMMERCIAL
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MAX HEIGHT: 50' I = lA
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- MIXED -USE 1y
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+ - MULTI -FAMILY APARTMENT
ASSOCIATED HOMES
PARKING AREA
250 Units Ys
I I COMMERCIAL: 24,000 SF
UNITS
RESIDENTIAL: 40 +
I � ASSOCIATED SURFACE ROPEN
I MAX HEIGHT: 50', 3-STORY �� PARKING AND AMENITY PA
AREAS 9
r .r MAX HEIGHT: 50', 4-STORY
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ADJACENT
R-15 ZONING
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SINGLE FAMILY LOTS/
TOWNHOMES/
DUPLEX/TRIPLEX/
QUADRAPLEX
60 units
AMENITY AREA
MAX HEIGHT: 40'
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NOTES:
• ENTRANCES INTO PROJECT AREA BASED MOST CURRENT DOT CONFIGURATION
OF SOUTH COLLEGE ROAD AS OF 06.25.2020
0 EACH COLOR INDICATES DIFFERENT PROJECT PHASES
• ALL ROADWAY AND PARKING IMPROVEMENTS DEPICTED ARE SHOWN FOR SPACE
RELATIONSHIP AND BUFFERING PURPOSES ONLY, AND THE DESIGN FOR THE
CONSTRUCTION OF SAID IMPROVEMENTS IS SUBJECT TO CHANGE.
• COMMUNITY BENEFITS TO INCLUDE ENHANCED ARCHITECTURE, PEDESTRIAN
AND BICYCLE CONNECTION TO FOX RUN FARMS, WALKING TRAILS, GREENWAYS
AND MIXED USE DEVELOPMENT
PEDESTRIAN GREENWAY
MINIMUM 20' LANDSCAPE BUFFER. WHERE NO LAND
DISTURBANCE ACTIVITIES ARE REQUIRED, EXISTING
TREES AND VEGETATION WILL REMAIN. DISTURBED
AREAS WILL BE SUPPLEMENTED WITH PLANTINGS
AND/OR FENCING TO ACHIEVE 100% OPACITY.
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0 ADJACENT
o - R-15 ZONING
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MAX E ; OQ' `rr rr_rr_ T o o�` O o a p � EASENIEN_ _--_ = . — „� • .
II HEIGHT: 50 Q rr■� _�_ V"_ - -UT -- "
UTILI Y ~ , o o 0 o °` ` °' . s,,,�-" _ - - l m �- - -
fry _ T 'EgS,E N . (_
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FOR DENSITY) y � r�r - - - - o "__-- a �
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(SEE LEGEND �r
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SINGLE FAMILY LOTS
TOWNHOMES/ DUPLEX/TRIPLEX/
QUADRAPLEX
60 UNITS
MAX HEIGHT: 40'
- _ _ may■ -
�, _ ■r•rr
MINIMUM 20' LANDSCAPE BUFFER, WHERE NO
LAND DISTURBANCE ACTIVITIES ARE REQUIRED, "' rr •�
EXISTING TREES AND VEGETATION WILL REMAIN.
DISTURBED AREAS WILL BE SUPPLEMENTED WITH ADJACENT
PLANTINGS AND/OR FENCING TO ACHIEVE 100% R-15 ZONING
OPACITY,
ADJACENT
R-15 ZONING
MINIMUM 20' LANDSCAPE BUFFER, WHERE NO LAND
DISTURBANCE ACTIVITIES ARE REQUIRED, EXISTING
TREES AND VEGETATION WILL REMAIN. DISTURBED
AREAS WILL BE SUPPLEMENTED WITH PLANTINGS
AND/OR FENCING TO ACHIEVE 100% OPACITY.
VICINITY MAP
SITE DATA
ADDRESS:
OWNER: DRY POND PARTNERS ILLC
P.O. Box 3649
Wilmington, NC 28406
PARCEL ID: R07100-004-004-000
TOTAL PROJECT AREA 2,800,037 SF (64.28 AC.)
EXISTING ZONING R-15
PROPOSED ZONING PD - Planned Development
CAMA LAND CLASSIFICATION Water Shed Resource Protection & Transition
FUTURE LAND USE PLAN Community Mixed -Use & General Residential
ALLOWABLE DENSITY: 17 UNITS / ACRE
PROPOSED DENSITY: 7.16 UNITS / ACRE ( 1092 UNITS ALLOWED, 460 PROPOSED)
MAXIMUM BUILDING HEIGHT: 40' (A MAXIMUM OF WIN AREAS IDENTIFIED AS COMMUNITY
MIXED USE IN THE FUTURE LAND USE PLAN)
BUFFER REQUIREMENTS
REQUIRED PROVIDED
BUFFER YARD (ABUTTING RESIDENTIAL) 20' MIN. 20' MIN
SETBACK REQUIREMENTS
REQUIRED PROVIDED
RESIDENTIAL USE 20' MIN. 20' MIN
COMMERCIAL USE
FRONTYARD 20' MIN. 20' MIN.
REARYARD 10' MIN. 20' MIN.
(ABUTTING RESIDENTIAL) 25' MIN. 25' MIN
SIDEYARD 0' MIN 0' MIN
(ABUTTING RESIDENTIAL) 20' MIN 20' MIN.
US & NC HIGHWAYS 50' MIN. 50' MIN.
TABLE OF USES
MIXED USED (3-STORY)
LEVEL 1 - COMMERCIAL
LEVEL 2 - RESIDENTIAL
❑ LEVEL 3 - RESIDENTIAL
TOTAL SQUARE FOOTAGE = 72,000 SF
TOTAL COMMERCIAL - 24,000 SF
RESIDENTIAL - 40 UNITS
MAX HEIGHT = 50'
MULTI -FAMILY APARTMENTS HOMES
❑ APARTMENT HOMES WILL BE A MIX OF 1,2 & 3 BEDROOM
TOTAL UNITS — 250 UNITS
MAX HEIGHT = 50'
TOWNHOMES
❑ TOTAL UNITS = 50 UNITS
MAX HEIGHT = 40'
SINGLE-FAMILY LOTS / TOWNHOMES / DUPLEX / TRIPLEX / QUADRAPLEX
❑ TOTAL UNITS = 60 UNITS
MAX HEIGHT = 40'
SINGLE-FAMILY LOTS / TOWNHOMES / DUPLEX / TRIPLEX / QUADRAPLEX
❑ TOTAL UNITS= 60 UNITS
MAX HEIGHT = 40'
COMMERCIAL OUTPARCEL
DENISTY = THE COLLECTIVE SQUARE FOOTAGE OF THE
COMMERCIAL OUTPARCELS SHALL NOT EXCEED 185,000 SF
MAX HEIGHT = 50'
WHISKEY BRANCH
CONCEPTUAL MASTER PLAN
DATE: 11-29.2020
CERTIFIC TE OF APPRO SCALE: 1" = 100'
4ANOVER UN 130 0 CO ERS
AI CHAIRPERSON
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M I H A L Y
L A N D D E S I G N
PLAIJNING * ANDSCAPP ARCHITECTURE
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Wilrning-Oh, NC 2NOS 910.192,4clbb